KHI Liquidation Trust v. Southern Vegas Valley Contracting LLC

Filing 15

ORDER Granting 14 Stipulation to Continue Hearing re 6 MOTION to Vacate 4 Order on Motion for Judgment Debtor Exam.(Responses due by 6/21/2017., Motion Hearing set for 6/28/2017 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.) Signed by Magistrate Judge George Foley, Jr on 5/19/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:17-cv-00298-JAD-GWF Document 14 Filed 05/18/17 Page 1 of 3 1 2 3 4 5 GARMAN TURNER GORDON DYLAN T. CICILIANO, ESQ. Nevada Bar No. 12348 Email: dciciliano@gtg.legal 650 White Drive, Suite 100 Las Vegas, Nevada 89119 Tel: (725) 777-3000 Fax: (725) 777-3112 Attorneys for SMS Financial J, LLC 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 KHI LIQUIDATION TRUST, CASE NO. 2:17-cv-298-JAD-GWF Plaintiff, 9 10 v. 11 SOUTHERN VEGAS VALLEY CONTRACTING, LLC 13 STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANT’S EMERGENCY MOTION TO VACATE ORDER FOR EXAMINATION OF JUDGMENT DEBTOR AND STAY PROCEEDINGS [DKT. 6] 14 THIRD REQUEST 12 Defendant. 15 16 17 Judgment Creditor SMS Financial J, LLC (“SMS”) by and through its counsel of record 18 Dylan T. Ciciliano, Esq. of the law firm Garman Turner Gordon, LLP, and SOUTHERN 19 VEGAS VALLEY CONTRACTING, LLC (“SVVC”), by and through its counsel of record Jack 20 Chen Min Juan, Esq. of the law firm Marquis Aurbach Coffing, hereby stipulate and agree as 21 follows: 22 On or about March 20, 2017, SVVC filed its Emergency Motion to Vacate Order for 23 Examination of Judgment Debtor and Stay Proceedings (the “Motion to Vacate”). [Dkt. 6]. By 24 minute order dated March 21, 2017, the Court set a hearing on the Motion to Vacate for April 3, 25 2017, and stayed the judgment debtor exam until the Court decides the Motion to Vacate. [Dkt. 26 7]. 27 The judgment that is the subject of the Motion to Vacate is based on an Order Granting 28 Default Judgment (“Judgment”) in favor of KHI Liquidation Trust against SVVC in the United Garman Turner Gordon 650 White Dr., Suite 100 Las Vegas, Nevada 89119 (725) 777-3000 4816-9872-2887, v. 1 1 of 3 Case 2:17-cv-00298-JAD-GWF Document 14 Filed 05/18/17 Page 2 of 3 1 States Bankruptcy Court of the Northern District of Illinois Eastern District, In re: Kimball Hill, 2 Inc., Case No. 08-10095, Adv. Proc. No. 10-00761 (the “Adversary Proceeding”), on or about 3 January 14, 2011. [See generally Dkt. 2]. 4 Since the filing of the Motion to Vacate, SVVC and SMS engaged in settlement 5 discussions. Accordingly, the parties stipulated and agreed that the hearing on the Motion to 6 Vacate should be continued and the Court ordered that the Motion to Vacate be continued until 7 April 25, 2017. [Dkt 11]. 8 SVVC and SMS continue to engage in settlement discussions. Previously, SVVC 9 searched its archives in an attempt to retrieve documents relevant to the underlying Adversary 10 Proceeding. Since the last stipulation, SVVC has identified documents it contends are relevant to 11 its potential defense in the Adversary Proceeding, and therefore relevant to the Motion to Vacate. 12 On May 17, 2017, SVVC provided the documents to SMS for its review. SMS is 13 currently reviewing the documents in furtherance of a possible resolution of the Motion to 14 Vacate. 15 Accordingly, the parties stipulate and agree that the hearing on the Motion to Vacate 16 should be continued to June 26, 2017, subject to the Court’s availability, with any response to the 17 Motion to Vacate being due on June 19, 2017. 18 The parties further stipulate and agree that per the Court’s March 20, 2017, Minute Order 19 [dkt. 7], the judgment debtor exam should be stayed until such time that the Court decides the 20 Motion to Vacate. 21 22 Dated this 18th day of May, 2017. GARMAN TURNER GORDON MARQUIS AURBACH COFFING /s/ Dylan Ciciliano Dylan T. Ciciliano, Esq. Nevada Bar No. 12348 650 White Drive, Suite 100 Las Vegas, NV 89119 dciciliano@gtg.legal /s/ Jack Chen Min Juan Jack Chen Min Juan, Esq. Nevada Bar No. 6367 10001 Park Run Drive Las Vegas, Nevada 89145 jjuan@maclaw.com Attorneys for Plaintiffs, SMS Financial J, LLC Attorneys for Southern Contracting, LLC 23 24 25 26 27 28 Garman Turner Gordon 650 White Dr., Suite 100 Las Vegas, Nevada 89119 (725) 777-3000 4816-9872-2887, v. 1 2 of 3 Vegas Valley Case 2:17-cv-00298-JAD-GWF Document 14 Filed 05/18/17 Page 3 of 3 ORDER 1 2 IT IS HEREBY ORDERED that the Emergency Motion to Vacate Order for Examination 3 of Judgment Debtor and Stay Proceedings [Dkt. 6] is hereby rescheduled to be held on 4 9:30 am June 28 ______________, 2017, at the hour of ________, to be held in LV Courtroom 3A before Response to the Motion to Vacate is due no later than Magistrate Judge George Foley, Jr. June 21, 2017. 5 6 IT IS FURTHER ORDERED that the Judgment Debtor Exam is hereby stayed until such 7 time that the Court decides the Emergency Motion to Vacate Order for Examination of Judgment 8 Debtor and Stay Proceedings. 9 10 DATED 5/19/2017 . 11 12 UNITED STATES MAGISTRATE JUDGE 13 14 4816-9872-2887, v. 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Garman Turner Gordon 650 White Dr., Suite 100 Las Vegas, Nevada 89119 (725) 777-3000 4816-9872-2887, v. 1 3 of 3

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